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 Personal tax rates cut and thresholds lifted in Budget

 

The top marginal tax rate will be cut from 47 to 45 per cent and the threshold at which it applies lifted sharply from $95,001 to $150,001 in personal tax changes announced in the Budget.

 

The threshold 30 per cent will increase to $25,001 (previously $21,600); while the 42 per cent marginal tax rate will be cut to 40 per cent and the threshold will increase to $75,001 (previously $63,001).

 

Treasurer Peter Costello said the changes will apply from 1 July 2006. From that date all Australian taxpayers will share in tax cuts worth $6.4 billion in 2006-07 and $36 billion over the next four years.

 

This was in addition to the $21.7 billion tax cuts over four years which were announced in the 2005‑06 Budget.

 

Taxpayers on $150,000 will benefit the most with an annual tax saving of $6,200 (11 per cent of tax paid) while taxpayers on between $40,000 and $60,000 will receive a tax savings of $510 (or between 3.5 per cent to 6 per cent of tax paid).

 

From 1 July 2006, the low income tax offset (LITO) will increase from $235 to $600 and will begin to phase-out from $25,000. Taxpayers eligible for the full LITO will not pay tax until their annual income exceeded $10,000 (up from $7,567).

 

In addition, the Medicare levy low income phase‑in rate will be reduced from 20 per cent to 10 per cent. This means more low income taxpayers will pay a reduced Medicare levy rate.

 

The fringe benefits tax rate will also be reduced from 48.5 per cent to 46.5 per cent, effective from 1 April 2006.

 

“The 2006‑07 Budget tax cuts ensure that over 80 per cent of taxpayers face a top marginal tax rate of 30 per cent or less,” Mr Costello said. “A taxpayer will need to earn $121,500 to pay an average tax rate of 30 per cent.”

 

The increase to $150,001 for the threshold at which the top rate cuts in will mean that around two per cent of taxpayers will be subject to the top marginal tax rate and taxpayers will not reach the highest marginal tax rate until they earned more than three times average weekly earnings.

 

The Budget changes also benefit senior Australians. From 1 July 2006, senior Australians who receive the Senior Australians Tax Offset will be able to earn more income without paying tax.

 

Singles will be able to have taxable income up to $24,867 (up from $21,968) and couples up to $41,360 (up from $36,494). The Medicare levy thresholds that apply to senior Australians will also be increased to ensure that they do not pay the Medicare levy until they begin to incur an income tax liability.

 

Changes to tax rates and thresholds

 

Current tax thresholds
Income range ($)

Tax Rate
%

New tax thresholds
from 1 July 2006
Income range ($)

Tax rate
%

0 - 6,000

0

0 - 6,000

0

6,001 - 21,600

15

6,001 - 25,000

15

21,601 - 63,000

30

25,001 - 75,000

30

63,001 - 95,000

42

75,001 - 150,000

40

95,001+

47

150,001+

45

 

 

 

 

 

 

 

 

 

 

Superannuation Streamlined

 

Australians aged 60 and over who have already paid tax on their superannuation contributions and earnings will no longer pay superannuation benefits tax from 1 July 2007, under a plan announced in the Budget, under sweeping superannuation changes announced in last night’s Budget.

 

The plan also abolishes reasonable benefit limits (RBLs), introduces new streamlined rules for contributions, and gives individuals greater flexibility as to how and when they wish to draw on their superannuation in retirement.

 

But the Government declined to scrap the 15 per cent superannuation contributions tax, as it had been urged to do by the superannuation industry.

 

Most of the superannuation changes announced in the Budget are un-costed and were described as a “plan”. The Government plans to consult until August on the proposals outlined briefly in the Budget speech and in a lengthy “Plan to simplify and streamline superannuation” superannuation. Only then are proposals likely to be finalised.

 

The Government said the removal of the benefits tax will sweep away the complexities retirees face when taking their benefits.

 

Those contemplating retirement will not have to worry about, or pay for, professional advice on the tax implications of their superannuation benefits, the Government argued.

 

As superannuation benefits will no longer be assessable income, there will be an incentive to continue to work while drawing down on superannuation as people will pay less tax on their work income.

 

The preservation age will not be changed and people could still access their superannuation benefits before age 60, although they will be taxed on their benefits under new simplified rules.

 

As part of the superannuation reform there will also be reform of the pension assets test taper rate which will reduce from $3 to $1.50 per fortnight for every $1,000 of assets above the free area with effect from 20 September 2007.

 

Treasury said the current taper rate of $3 meant that a retiree lost more age pension than they earned on their additional savings if they did not achieve a return of at least 7.8 per cent a year. This was a large disincentive to save for retirement.

 

The Government will also provide $19.2 million to improve the responsiveness of the Australian Taxation Office (ATO) to inquiries about compliance with the Superannuation Guarantee arrangements.

 

 

Economic growth up and inflation in check

 

Economic growth will increase to 3.25 per cent in 2006-07, from an expected 2.5 per cent in 2005-06, with the engine of growth expected to be foreign trade, rather than the current domestically driven growth, the Budget’s economic forecasts predict.

 

Despite the increase in growth inflation is expected to remain contained, with the Consumer Price Index growing by 2.75 per cent in 2006-07 compared to the expected 3 per cent inflation in the current financial year.

 

Mr Costello told Parliament “Australia’s impressive economic performance of the last decade is set to continue. The outlook is for ongoing solid economic growth coupled with low unemployment and moderate inflation.

 

“Australia’s sustained economic growth is the result of the Government’s strong economic management and ongoing economic reform. Maintaining this course will secure the achievements of the past decade and provide the foundation for future growth and prosperity.

 

“We will face further challenges in the future. Some — like the ageing of the population — we can predict now and begin to prepare for. Others may come with a surprise. But we will meet those challenges stronger because we are free of Government debt.”

 

According to the Budget papers “Real GDP is forecast to grow by 3¼ per cent in 2006‑07, up from 2½ per cent in 2005‑06. The sources of growth are expected to continue to shift from the domestic sector to the external sector, although at a slower pace than anticipated in the Mid‑Year Economic and Fiscal Outlook 2005‑06.

 

“Household consumption growth is expected to remain moderate, as households continue to experience a period of weaker growth in dwelling wealth. Dwelling investment is forecast to subtract marginally from GDP growth, but growth in business investment should continue to support economic activity. The outlook for export growth is positive, underpinned by the significant investment undertaken to boost productive capacity, particularly in the mining sector. Import growth is forecast to moderate from the recent strong rates of growth.

 

“The current account deficit is expected to widen to 6¼ per cent of GDP in 2006‑07.”

 

Household consumption is forecast to grow by 3 per cent, up slightly from an expected 2.75 per cent this year, while housing investment will fall by 1 per cent compared to 3 per cent this year. Exports are expected to grow by 7 per cent compared to only 2 per cent this year, while steady economic growth is expected to maintain the strong growth in imports – 7 per cent compared to 6 per cent in 2005-06.

 

Employment growth is expected to fall back slightly to 1 per cent (2 per cent in 2005-06) and the participation rate will be a little lower (64.25 per cent versus 64.5 per cent) and the unemployment rate is expected to be unchanged at 5.25 per cent.

 

 

Compliance costs reduced for small business

 

The Government will make changes to taxation rules affecting small business which will reduce taxes on small business by $435 million over four years and improve eligibility thresholds for the small business tax relief.

 

The Government said the package will improve alignment across the main small business tax regimes: the Simplified Tax System (STS), CGT and GST and simplify the tax affairs of over two million small businesses, including 65,000 businesses that will become eligible for the STS.

 

The measures include changes to:

  • Increase the STS average annual turnover threshold from $1 million to $2 million and remove the $3 million depreciating assets test from the STS eligibility requirements. Depreciating asset roll-over relief will also be extended to STS taxpayers to ensure businesses can be restructured without triggering a taxing point;
  • increase the net assets threshold from $5 million to $6 million for the CGT small business concessions and allow STS taxpayers to be eligible for the concessions without having to satisfy the net assets threshold;
  • Increase the cash accounting turnover threshold from $1 million to $2 million for the goods and services tax (GST) concessions for small businesses and align certain GST definitions of turnover with the STS definition. The Government will also discuss the simplified GST accounting method with the Commissioner of Taxation and suggest that the threshold be aligned with the other thresholds at $2 million; and
  • Allow STS taxpayers to pay quarterly pay as you go installments on the basis of GDP-adjusted notional tax.

 

Tax changes to reduce compliance costs for employees and employers include:

  • Increasing the in-house fringe benefits tax-free threshold from $500 to $1000.
  • Extending the fringe benefits tax (FBT) concessions for remote areas by broadening the definition of remote where the shortest practicable route involves travel over water.
  • Extending the employee share scheme and related CGT provisions to stapled securities that include ordinary shares that are listed on the Australian Stock Exchange.
  • Removing the part-year tax-free threshold for resident taxpayers ceasing full-time education for the first time. This will allow immediate access to the full $6,000 tax-free threshold.

 

 

Reporting requirements for trusts reduced

 

The Government announced several changes to tax arrangements for trusts to clarify obligations and reduce reporting requirements.

 

The measures include:

  • Allowing family trust elections to be revoked or varied in certain limited circumstances. As there is currently no provision for family trust elections to be revoked, this will increase flexibility. The definition of the family group will be broadened to include lineal descendants, and certain changes in family circumstances will be recognized for the purposes of exempting distributions from family trust distribution tax.
  • Simplifying the reporting requirements under the ultimate beneficiary rules so that trustees of closely held trusts need only identify and report first-tier trustee beneficiaries in receipt of trust distributions.
  • Ensuring that trust distributions to non-residents trustees are taxed in the same way as distributions to other non-resident beneficiaries.
  • Simplifying the tax collection mechanism for taxable income distributed to non‑residents by Australian managed funds. This measure reduces compliance costs for the managed funds industry by replacing several tax collection regimes with multiple rates with a single tax collection regime with a single rate. As a result, Australian managed funds and custodians will collect a non‑final withholding tax at a single rate — the company tax rate — on this income regardless of the identity of the non‑resident, instead of multiple rates ranging from 29 to 48.5 per cent as is currently the case.

 

 

CGT Compliance costs cut

 

The Government will amend the small business Capital Gains Tax (CGT) concessions to reduce compliance costs for small business as well as increase the availability of the concessions.

 

The amendments are in response to the recommendations of the Board of Taxation.

 

The Government will improve the operation of the small business CGT concessions by making changes to the maximum net asset value test, the active asset test, the 15‑year exemption, the retirement exemption, the small business roll‑over, and how the concessions apply to partnerships.

 

The Board of Taxation report has 39 recommendations. Of these, 26 recommendations seek legislative amendments and 13 relate to administrative matters. The Government has accepted all but one of the legislative amendment recommendations, three with minor amendments favoring the taxpayer. The Australian Taxation Office (ATO) has accepted all recommendations relating to administrative matters.

 

The Government has not accepted the recommendation dealing with the situation that where the retirement exemption applies in relation to payments from a company, it is possible for various deemed dividend provisions to apply to the transaction.

 

To improve access to concessions, the Government said it will replace the current controlling individual 50 per cent test for CGT with the new significant individual 20 per cent test that can be satisfied either directly or indirectly through one or more interposed entities.

 

The new significant individual test will enable up to eight taxpayers to benefit from the full range of concessions instead of the current limit of two controlling individuals.

 

All amendments will apply to CGT events that happen from the 2006-07 income year.

 

 

Depreciation eligibility improved

 

The Budget saw depreciation allowances for business improved.

 

The Government is raising the diminishing value rate under the uniform capital allowance (UCA) regime for determining depreciation deductions from 150 per cent to 200 per cent for all eligible assets.

 

This is equivalent to a 33 per cent increase in the allowable depreciation rate for these assets.

 

The more generous arrangements will enhance the ability of Australian business to stay up to date with new technology, the Government said.

 

“By increasing the incentive to invest in new plant and equipment, the measure ensures businesses can keep pace with changes in technology and remain competitive,” Treasurer Peter Costello said.

 

“The measure encourages efficient investment by ensuring that depreciation deductions for income tax purposes more closely reflect an asset’s actual decline in value.”

 

Increasing the diminishing value rate from 150 per cent to 200 per cent will increase the tax deductions that taxpayers could claim early in an asset’s effective life, reducing the cost of holding the asset in net present value terms.

 

The measure will apply to assets used for a taxable purpose acquired on or after 10 May 2006.

 

This includes assets that taxpayers start to hold (for example, through leasing arrangements) for the purposes of the UCA regime.

 

The Government also announced a package of measures aimed at increasing activity in the venture capital sector.

 

The Government will introduce an early stage venture capital limited partnership (ESVCLP) investment vehicle providing flow‑through tax treatment and a complete tax exemption for income, both revenue and capital, received by its domestic and foreign partners.

 

This will progressively replace the existing pooled development fund program which will be closed to new registrations after 31 December 2006.

 

To qualify, the ESVCLP will have a maximum fund size of $100 million and total assets of investee companies cannot exceed $50 million immediately before investment.

 

 

Family assistance levels lifted

 

The Government unveiled changes to Family Tax Benefit Part A, lifting the amount families can earn and still receive the maximum amount.

 

Last year the Government announced that it will increase the amount from $33,361 to $37,500 from 1 July 2006.

 

Instead this will now be increased to $40,000, providing additional assistance to almost half a million Australian families, at a cost of $993 million over four years.

 

The Government will also expand eligibility for the Large Family Supplement to include families with three children with effect from 1 July this year.

 

This will provide additional assistance to nearly 350,000 Australian families with a payment of an extra $248 per year.

 

The Government also will remove the limit on the number of subsidised outside school hours care and family day care places.

 

Treasurer Peter Costello said this meant any new service set up by any eligible group will be funded.

 

“There will be no limit on funded places. It is expected that this will generate an additional 25,000 places by 2009.”

 

This was expected to lift childcare places to more than 700,000 in 2009.

 

From 1 July parents will be eligible to receive the new Childcare Rebate. This will rebate 30 per cent of out of pocket childcare expenses up to $4,000 per child per annum.

 

 

Growth gets surplus to $10 billion despite generous tax cuts

 

Treasurer Peter Costello’s 11th Budget estimates a cash surplus of $10.8 billion in 2007-08, down from an expected surplus of $14.8 billion in the current financial year.

 

The surplus is expected to shrink from 1.5 per cent of Gross Domestic Product (GDP) in the current year to 1.1 per cent in 2006-07.

 

The $10.8 billion surplus has been struck after personal tax cuts of $6.4 billion in 2006-07. Other tax cuts and decisions reducing Government revenue including accelerated depreciation arrangements for business will reduce revenue by $6.95 billion in 2006-07 and about $39 billion over four years (including 2006-07).

 

On the expenditure side of the Budget, spending policy decisions increased expenditure by $4.27 billion in 2006-07. However the actual impact on the Budget bottom line will be reduced to $2.87 billion – mostly by the tightening of eligibility conditions for a range of programs ($1.3 billion).

 

On a cash basis the projected budget surplus is 1 per cent of GDP in the three out-years covered by the Budget Forward Estimates: 2007-08 to 2009-10.

 

The dollar value of the cash surplus is expected to fall slightly to $10.6 billion in 2007-08 before rising to $11.2 billion the following year and $12 billion in 2009-10.

 

On an accruals basis the Fiscal Balance is forecast to be $10.3 billion (1 per cent of GDP) in 2006-07, down from $16 billion (1.7 per cent of GDP) in 2005-06.

 

Unveiling the Budget in Parliament last night, Mr Costello said that, “With disciplined and prudent management our economy has come through these storms intact — in fact growing, in fact growing in the longest continuous stretch our nation has ever experienced.

 

We have now eliminated the $96 billion of net debt that Labor left the Australian Government when it left office. Our Budget is in surplus for the 9th time in 10 years: ‑ in 2006‑07 a forecast surplus of $10.8 billion.

 

Now the Australian Government is debt free in net terms. We do not have to collect taxes to pay the Government’s interest bill. We are saving over $8 billion per annum in interest payments”

Year-end tax planning: Business 30/6/05

Year end tax planning is an issue that should be addressed by all businesses whether they are large, medium or small companies; trusts; partnerships or sole proprietors. Ideally, tax planning should occur on an ongoing basis throughout the year and not just at the end of the year.

All tax planning should consider the long term consequences of any arrangement. Other issues such as managing cash flow, likely costs and benefits and the potential impact of Part IVA (ie. the general anti avoidance rules) should be considered together with any tax saving. Also be aware of tax schemes that are advertised only at the end of the tax year. The Tax Office is particularly focused on mass marketed tax schemes. Make sure the promoter has obtained a Class Ruling and that the details of the scheme accord with that ruling. As part of year-end tax planning, taxpayers carrying on a business should review their expenses to determine appropriate strategies to either –

• increase their taxable incomes (to absorb losses and other credits and tax that might be lost); or

• defer the earning of income to a future year of income and gain a permanent timing advantage by deferring the payment of tax (eg. a company could delay distributing dividends).

Varying the basis on which deductions are claimed or varying the timing of the derivation of income can be used to achieve any or all of these objectives.

Deductions are allowed to the extent that expenses (not being private or capital expenditure) are incurred in deriving the taxpayer’s income, or are necessarily incurred in carrying on the taxpayer’s business for the purpose of gaining or producing assessable income. It is not essential for a payment to have been made for a tax deduction to be allowed for expenses. It is sufficient that a firm order has been placed and the contract has been entered into.

Claims for depreciation are based on the capital cost of plant and equipment including installation costs. Other claims such as subscriptions, donations, gifts and superannuation contributions are deductible only in the income year they are paid.

 

Derivation of income

Altering the timing of income can influence the income year when the income is taxed. The timing for the derivation of income varies depending on the status of the taxpayer’s activities. Taxpayers who are required to account on a cash receipts basis derive their income when cash or its equivalent is received from the customer.

Accruals taxpayers derive their income when there is a right to receive the income. This is usually the date the invoice is issued. An estimate of work-in-progress is generally not sufficient to ensure that services income is derived. However, if a service contract exists then work-in-progress may be derived if the contract requires a periodic payment.

Investment income and employment income is derived when the payment is made or when the payment is otherwise dealt with in accordance with the directions of the recipient. Payments received in advance for the provision of services are treated as income when the services have been performed with the following conditions required to be satisfied -

• the advance payment is refundable for services not performed, and

• the taxpayer’s keeps the advance payment in a suspense or unearned income account, or the unearned income is excluded from the profit and loss account.

 

Capital gains

Where a capital gain has been derived on the disposal of an asset, the amount will be included in the taxpayer’s assessable income. Where there are other assets that have reduced in value and would result in a capital loss on disposal, it may be of benefit to dispose of those assets to crystallize the losses and thereby reduce the amount of assessable capital gain. The losses can be offset against both discounted and non-discounted capital gains. For discounted gains the losses must be offset before the 50% discount is applied.

This strategy is of particular benefit with shares as these can be traded with relative ease. Another parcel of shares could even be acquired at a lower market cost if it is desirable to have those shares in the investment portfolio.

 

Bad debts 

The debt must satisfy all of these conditions –

• it must exist;

• it must be bad (not merely doubtful; but neither is it necessary that it be irrecoverable);

• it, or a part of the debt, must be written-off as a bad debt before 1 July;

• it must have been included as assessable income in the same year or an earlier one.

A debt cannot be written off as bad on the last day of the year if the debt was also incurred on that day.

The Tax Office accepts that a debt is bad for tax purposes if (for example) —

• the Board or managing director has decided as a matter of commercial judgment, that the loan is bad in that it is unlikely to be recovered; and

• the decision is recorded in writing. With that documentation of the decision, the bad debt may be claimed in that year, even if it is not in fact written-off in the books of accounts until after 30 June.

The minimum requirements for proving that a debt is bad include –

• issuing a formal demand notice;

• cessation of trading with that firm or person;

• valuation and/or seizure of security; and

• a thorough financial analysis of the debtor.

It is very important that the debt, having been identified as bad, is ‘written off’ by the end of the income year.

In TR 92/18, the ATO accepts a debt is ‘written off’ if –

• a Board, in writing, authorises the writing off before year end and writes off the debt in the books of accounts in the next year; and

• a written recommendation by the financial controller to write off the debt is agreed to by the managing director and there is a physical writing off in the books of accounts in the next year.

It is no longer necessary (before writing-off) to have taken all available steps to recover the debt by the end of the year. Note that if a deduction has been obtained for a bad debt, but the debtor repays the debt, the repayment is assessable income (in the year repaid)

WARNING: Business taxpayers are required to declare their income on either a cash receipts basis or on an accruals basis. Where business income is derived from the personal efforts of the proprietor income would be returned on a cash basis. The income of businesses that have professional staff or significant business assets, would be required to account for their assessable income on an accruals basis. Taxpayers that operate on a cash receipts basis cannot claim for bad debts because the amount of the bad debt would not have been included in their assessable income.

WARNING: Don’t wait until July to list amounts owing at the end of June. By not reviewing outstanding debtors before the close of the income year, the opportunity to treat some debts as bad debts may be deferred until the following income year. If that opportunity is lost, it will result in a higher tax liability in the current year which will result in a timing loss.

TIP: Do not forget to claim the GST back on debts that have been written off. You have a decreasing adjustment entitlement.

 

Accelerating deductions

One of the simplest methods of decreasing taxable income is to bring forward or accelerate the recognition of losses or expenses even if those expenses have not yet been paid. This strategy involves recognising deductions when the liability has been incurred.

In some instances, this may mean the actual amount of the liability has not yet been quantified. There is an entitlement to the deduction, however, provided the taxpayer is definitely committed to the liability and it is capable of being reasonably estimated. This could also include advancing repairs and maintenance expenditure or advancing payments to tax agents or other recognised tax advisers in respect of tax related matters.

WARNING: This strategy can also be used by those taxpayers that have elected to be part of the Simplified Tax System (STS). However, as claims can only be based on payments that have been made it may have limited application given that there would have been a cash flow impact in paying for the deductible expenditure.

 

Trading stock

It is essential to physically count the stock on hand at 30 June. (Special rules apply for STS taxpayers.)

If it cannot be done on that date, document variations due to sales and purchases. In the event of a tax audit, it is essential that the taxpayer can prove the accuracy of trading stock values shown in the return. Stock is treated as being on hand even if not on your premises, so long as, at 30 June, you have the right to dispose of it.

Claims for advance payments for trading stock can be made only if the value of that stock is included in the return as part of —

• the cost of goods sold; or

• the value of trading stock at year’s end.

Obsolete stock

To determine whether stock is obsolete (or becoming obsolete), the taxpayer must consider –

• age of the stock;

• quantities expected to be sold during the year;

• length of time between the last sale, exchange or use of the stock;

• industry experience; and

• price of the last sale and the price at which the taxpayer is prepared to sell the item.

If the stock can be sold as scrap, it should be valued at its scrap value. If it remains on hand and cannot be scrapped and has no other use, it can be valued at nil.

 

Interest

Interest remains deductible while the borrowed funds continue to be used to derive assessable income of the business.

Whether a claim for interest incurred is deductible will be determined initially by the use to which the borrowed funds are put. Claims are not allowed where the funds are used to earn non-assessable income (eg. exempt distributions from a unit trust). An apportionment may be necessary where both assessable and non-assessable income is involved.

Interest paid on funds borrowed for the following purposes is allowed –

• repayment of partners’ capital contributions;

• payment of undrawn partnership profits;

• repayment of partners’ loan accounts;

• payment of declared dividends; and

• refinancing of other borrowings currently used by individuals to produce assessable income.

 

Business travel expenses

Claims for business travel expenses (within or outside Australia) incurred by self-employed persons and partners must be supported by written evidence if they are away from their ordinary residence for 1 to 5 nights.

Business taxpayers must obtain documentary evidence of their business travel expenses. There are different rules for employees receiving an allowance from their employer. Motor vehicle expenses are subject to substantiation whether they are accrued by employees or non-employees.

Motor vehicle expenses are not included as travel expenses, but taxi fares (or similar expenses) and motor vehicle expenses are treated as travel expenses if they relate to overseas travel.

If the travel is for 6 consecutive nights or more, additional records must be kept.

You must record in a diary (or similar) –

• the nature of the activity;

• the day and approximate time it began;

• how long it lasted; and

• where you engaged in it.

You do not need to record non-business activities.

 

A New System in Processing Tax Returns

We now require client refunds to be deposited directly into the client's bank account from the taxation office.  This enables clients to access their refund money earlier.  We will continue to receive and process the formal Assessment Notice at our office and a copy of this can be requested at any time.

When preparing tax returns this year, clients will need to continue providing us with their bank account details.

The process of paying our fee has also been streamlined, in that, clients can now pay our invoice in one of four ways:

  1. B Pay
  2. Credit Card over the phone
  3. Post  Office Payments
  4. Cash / Cheque

Please note, the option of paying our fee from your refund is no longer provided.

 

 

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